Court nod for out-of-court settlement

Between Italy and owner of the boat fired upon by marines on board Enrica Lexie

The High Court on Friday approved the out-of-court settlement reached between Italy and J. Freddy, owner of the boat which was fired upon by two marines on board the Italian-flagged ship Enrica Lexie off the Kerala coast on February 15 this year. Two fishermen from Kollam were killed in the incident

Justice A.M. Shaffique recorded the Lok Adalat order accepting the out-of-court-settlement for Rs.17 lakh. The court disposed of his plea seeking Rs.72 lakh as compensation.

Mr. Freddy, in a signed statement, said the Italian marines should not be prosecuted under the first information report (FIR) registered at the Neendakara police station. Mr. Freddy said he had pardoned the two marines responsible for the killing ‘‘in the name of Jesus; the inconvenience and sufferings the marines are facing may come to an end at the earliest so that they could be united with their families in Italy at the earliest”. A Lok Adalat Bench comprising K. John Mathew and Sreelatha Devi had accepted the agreement. Mr. Freddy's counsel Raja Vijayaraghavan and Suhail Dutt, counsel for Italy, were present before the court. Italian Consul-General Giampaolo Cuttillo handed over a demand draft to Mr. Freddy.

In another development, Justice P.S. Gopinathan orally observed that going back on the original petition in criminal cases would not help meet the ends of justice. On April 24, family members of the deceased Valentine Jalastine and Ajesh Binki had reached a compromise with Italian authorities and each family accepted Rs.1 crore as compensation. The High Court had permitted the families to withdraw their contentions made against Italy's plea for quashing the FIR against the marines.

The Bench slammed Mr. Freddy and the families of the fishermen for going back on their original petition, and said “once money changed hands everyone changed their stance.”

Given the fate of such incidents,which are still pending with courts for adjudication,making the families desperate and run from pillar to post to find a way out for a peaceful living in the absence of main bread winner in the family,who had lost his life in the firing,the kin of the deceased opting out for a truce,by way of forgiveness,and for some amount towards compensation for the loss of life was not at all wrong,and that shouldn't be construed as craving for money.Who should come to their rescue at this moment of time? Is forgiving someone wrong?The kin of the deceased are the real disciples of Jesus.Wish good sense prevail on those who are the saviors of law and justice.

from:
Anthony Rao

Posted on: Apr 30, 2012 at 22:32 IST

The Bench slammed Mr. Freddy and the families of the fishermen for going back on their original petition, and said “once money changed hands everyone changed their stance.” Is it not just a normal human behaviour? If the poor families of the fishermen or the owner of the boat did not agree to the offer of monetary compensation but stuck for justice for killing and damage to the boat, what will they get other than some accolades from the public. They may get some paltry compensation after the case is settled which may take years. Any one of the public who cry against this acceptance are doing it due to 'sour grapes syndrome'. Freddy must have gained a good lot. Damage to his boat is minimal as it could reach the shore without any problem. His claim of 72 lakhs was to say the least pure and simple greed. There was a report that Freddy had told that he is not sure as who had shot the fishermen as all on board the boat were asleep. There goes one star witness for prosecution.